ECHA’s Enforcement Forum agreed to run a pilot project to check for the presence of restricted perfluorocarboxylic acids (PFCAs) and related substances in consumer products such as cosmetics.

In 2023, EHCA announced that the pilot project will be launched for inspection and will continue in 12 participating countries in 2024. The aim is to protect consumers from exposure to PFCA and related SVHC substances, including PFOA (perfluorooctanoic acid).

The project will also raise awareness about the restrictions under the REACH and Persistent Organic Pollutants (POPs) regulations among companies that sell cosmetics and other consumer products. It was triggered by cases of PFOA, the use of which is restricted under the POPs Regulation, found in cosmetics sold on the EU market.

Inspectors may enforce restrictions under the REACH or POPs Regulation, as applicable. Where breaches are detected, inspectors will take enforcement measures to ensure compliance with the applicable legislation. The project report should be published at the end of 2024.

During the March meeting, Forum members also initiated an enforcement action on controlling the presence of restricted substances in tattoo inks. The action aims to protect consumers from unsafe tattooing inks and bolster the enforcement capacity for such controls. The initiative is spearheaded by the Netherlands and has generated much interest among the Member States. Its timeline and participants will be confirmed in the coming months.

Under the POPs regulations, the European Union prohibits the placing on the market of PFOA and related substances. Cosmetics are also included in the restrictions. REACH also restricts the use of PFCA as substances in themselves and in mixtures and articles. Additionally, REACH specifically restricts the use of certain substances that are toxic to aquatic organisms in make-up and make-up remover products. The next meeting of the enforcement forum will take place in June 2023.

Tips

According to the REACH regulations, as of February 25th, 2023, the total sum of C9-C14 PFCAs and their salts in substances, mixtures or articles must be below 25 ppb, and the total sum of substances related to C9-C14 PFCAs must be below 260 ppb, otherwise they cannot be manufactured or placed on the market. The implementation of the regulations for specific products will be carried out in stages. Based on feedback from relevant laboratories, detecting individual PFCAs requires providing the specific substance name for C9-C14, which can result in higher costs, so testing the overall PFCAs content is generally the main focus. This concentration is practically equivalent to non-detection (ND).

Under the POPs regulations, the control requirements for substances related to PFOA are that the content of PFOA and its salts in substances, mixtures or articles must be less than or equal to 0.025 mg/kg, and the individual or total sum of substances related to PFOA must be less than or equal to 1 mg/kg. The implementation of the regulations for specific products will be carried out in stages.

If you need any assistance or have any questions, please get in touch with us via service@cirs-group.com.